NYS 30-Days-Notice - Question...

[Pete Fiannaca]

Hey BP -

Looking for some group wisdom... especially from those well-versed on tenant law.

We have a month-to-month tenant who just gave notice, on 2/12, of his intention to leave the home. We collected security and last month during lease signing.

My understanding is that since notice was given mid-month, the tenant is not free of obligation on 3/12, but actually the end of March (as partial months do not count). In this situation, the tenant would pay ALL of February’s rent and be all squared up for march, as it was collected at lease signing.

The tenant’s understanding is that 30 days is 30 days, so his obligation ends on 3/12. Therefore, he insists that his last month is the time between 2/12 and 3/12 and wants his February payment prorated to reflect that.

thoughts?

Best -

Pete

[Thomas S.]

You need to confirm your understanding in both your lease and your state landlord tenant regulations. If no reference in either then you should apply your understanding. In my jurisdiction 30 days notice is to the end of the following month. We do not rent by the day we rent by the month and all our leases run to the end of the month.

What is the end date of your lease. Term or M2M all end at the end of the month meaning that if he is leaving mid month he is breaking his lease. What does your lease say in regards to a tenant breaking their lease. Point that out to him and he will see that he is liable to the end of the lease regardless. 

I would be informing him that he pays for the full month of March. I see no reason to do financial favours for tenants that will already cost you income.